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AMERICAN NATIONAL RED CROSS v. WILSON

545 P.2d 883 (1976)

The AMERICAN NATIONAL RED CROSS, and United States National Bank of Oregon, Appellants, v. J.R. WILSON, Personal Representative of the Estate of Percy Angeline Watkins, Deceased, et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided February 12, 1976.

Attorney(s) appearing for the Case

Denny Z. Zikes, of Hedrick, Fellows, McCarthy, Zikes & Dahn, P.C., Portland, argued the cause for appellant American Nat. Red Cross. Richard E. Paul, Portland, argued the cause for appellant United States Nat. Bank. With them on the briefs were McCarty, Swindells & Nelson, Portland.

Gerald R. Pullen, Portland, argued the cause for respondents. With him on the brief were Thomas P. Joseph, Jr., and McMenamin, Joseph, & Herrell, Portland.

HOWELL, Justice.

This is a suit in equity for specific performance of an oral contract allegedly made in connection with the execution of reciprocal or mutual wills disposing of the respective estates of two elderly sisters. The issue on this appeal is whether the two sisters made a binding agreement to dispose of their respective estates in accordance with the terms of their mutual wills.

The facts are generally undisputed.

On July 11, 1962, Percy...

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